Topic: when a petition is brought under section 2255, the petition… · Go Syfert
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Topic #22524

4 canonical passages across 3 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. McGill.

#Case FlagCanonical passage Citers
1 United States v. McGill Anchor
ca1 · 1993
green “when a petition is brought under section 2255, the petitioner bears the burden of establishing the need for an evidentiary hearing.” 7
2 George Moran v. Marvin Hogan
ca1 · 1974
green “when a 2255 motion (1) is inadequate on its face, or (2) although facially adequate is conclusively refuted as to the alleged facts by the files and records of the case.” 5
3 George Moran v. Marvin Hogan
ca1 · 1974
green “generally is not necessary when a 2255 motion (1) is inadequate on its face, or (2) although facially adequate is conclusively refuted as to the alleged facts by the files and records of the case.” 3
4 William H. Miller v. United States
ca1 · 1977
green “where there are no disputed facts crucial to the outcome, leaving only questions of law, 2255 does not require a hearing; the motion may be decided ... without oral presentation” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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